Judgments of note 2016

From time to time the Court decides cases that have general importance for practitioners of employment law as well as for the particular parties. These will include some judgments of the full Court and others examining and applying new law.

[2016] NZEmpC 135 Nathan v Broadspectrum [PDF, 180 KB](Judgment of Judge K G Smith, 28 October 2016) REINSTATEMENT – COSTS – company agreed to reinstatement but not to former position – costs had not been claimed on statement of problem – meaning of reinstatement under s 123(1)(a) clarified – Authority wrong to accept company’s view that reinstatement should be to a different position no less advantageous – order for reinstatement to former position but in staged manner – costs do not need to be claimed to be awarded – costs of $7,000 ordered.

[2016] NZEmpC 2 Northern Amalgamated Workers’ Union of New Zealand Inc v Fletcher Concrete and Infrastructure Ltd t/a Golden Bay Cement [PDF, 205 KB](Judgment of the Full Court, 1 February 2016) DE NOVO CHALLENGE - SECTION 9 EMPLOYMENT RELATIONS ACT 2000 - whether provision in collective employment agreement (CEA) conferred unlawful preference on members of the Union – whether a provision is unlawful that provides that vacancies will first be opened to permanent employees covered by the CEA – intention was to recognise benefits of a CEA or benefits arising out of relationship on which CEA was based rather than union membership - provision recognised benefits which could only be achieved through a CEA and the relationship arising from such an agreement - unions and employers free to negotiate and agree upon terms and conditions in a CEA which might otherwise infringe upon prohibition on preference – challenge successful - costs reserved.